Ex parte FAJOUR - Page 9




          Appeal No. 1999-1629                                                         
          Application 08/510,491                                                       

          nozzles where one set of consecutive nozzles, the set being                  
          less than a total number of nozzles in the row, prints a                     
          postal mark on a mail item and an other set of nozzles,                      
          different from the set, is not used.                                         
               The Examiner finds that Herbert does not teach the                      
          limitations of the last two paragraphs of claim 1 ("wherein                  
          said controller . . ." and "a reservoir . . .").  The Examiner               
          relies on Nakagawa and Fisher.  The Examiner concludes that it               
          would have been obvious to include the counter of Nakagawa in                
          Herbert to count the number of discharges of different nozzles               
          for the purpose of determining which nozzle(s) need                          
          discharging to prevent clogging (EA4).  The Examiner further                 
          concludes that it would have been obvious to modify Herbert as               
          modified by Nakagawa to provide a reservoir and an opening in                
          the paper handling assembly so that the print head would not                 
          have to be moved out of the printing position to save space                  
          (EA5).                                                                       
               Appellant notes that since the counting is done on an                   
          individual basis, the discharge in Nakagawa may occur from any               
          of the nozzles, even the ones that are operated during a                     
          normal print cycle (Br5).  Appellant argues that the present                 

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